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On May 19, 2020 the Libertarian Party of Minnesota lost its initial lawsuit challenge (0:19-cv-02312-DSD) in US District Court against Minnesota Secretary of State Steve Simon. This lawsuit asserts violations of the First and Fourteenth Amendments regarding Minnesota’s restrictive ballot access statutes, limiting freedom of speech and creating unequal protection under law. Specifically being challenged are that the signers oath on the nominating petition serves no compelling state interest and dissuades signers; and that the general election filing declaration window for minor party candidates (in June) creates exclusion and privilege for major party candidates who are selected for the general election at the primary election (in August).

The LPMN and attorney Erick Kaardal filed an appeal (case #20-2244) which will be heard by the Eight Circuit Court of Appeals. This will be a videoconference-only oral argument before Judges Raymond Gruender, Morris Arnold, and David Stras of Division II on June 16, 2021.